Text of the 2017 Canada–Ukraine Free Trade Agreement – Annex 10: Market access schedule of Ukraine

Annex 10-1: Central Government Entities

Thresholds:

130 000 SDR - Goods

130 000 SDR - Services

5 000 000 SDR - Construction Services

List of Entities:

1. Office of the Verkhovna Rada (Parliament) of Ukraine;
2. Administrative Department of the Secretariat of Government of Ukraine;
3. Department for State Affairs;
4. The Antimonopoly Committee of Ukraine;
5. Office of General Prosecutor of Ukraine;
6. Accounting Chamber of Ukraine;
7. The Secretariat of Council for National Security and Defence of Ukraine;
8. High Council of Justice;
9. Constitutional Court of Ukraine;
10. The Supreme Court of Ukraine;
11. Supreme Administrative Court of Ukraine;
12. Supreme Economic Court of Ukraine;
13. High Specialized Court of Ukraine for Civil and Criminal Cases;
14. Pension Fund of Ukraine;
15. National bank of Ukraine;
16. Ministry of Agrarian Policy and Food of Ukraine;
17. Ministry of Internal Affairs of Ukraine;
18. Ministry of Ecology and Natural Resources of Ukraine;
19. Ministry of Economic Development and Trade of Ukraine;
20. Ministry of Energy and Coal Industry of Ukraine;
21. Ministry of Foreign Affairs of Ukraine;
22. Ministry of Infrastructure of Ukraine;
23. Ministry of Culture of Ukraine;
24. Ministry of Youth and Sport of Ukraine;
25. Ministry of Defence of Ukraine;
26. Ministry of Education and Science of Ukraine;
27. Ministry of Healthcare of Ukraine;
28. Ministry of Regional Development, Construction and Housing and Communal Services of Ukraine;
29. Ministry of Social Policy of Ukraine;
30. Ministry of Finance of Ukraine;
31. Ministry of Justice of Ukraine;
32. Ministry of Information Policy of Ukraine;
33. State Administration for Courts of Ukraine;
34. State Aviation Administration of Ukraine;
35. State Archival Service of Ukraine;
36. State Enforcement Service of Ukraine;
37. State Treasury Service of Ukraine;
38. State Migration Service of Ukraine;
39. State Penitentiary Service of Ukraine;
40. State Regulatory Service of Ukraine;
41. State Registration Service of Ukraine;
42. State Service of Geology and Mineral Resources of Ukraine;
43. State Service of Export Control of Ukraine;
44. State Intellectual Property Service of Ukraine;
45. State Statistics Service of Ukraine;
46. State Service on medicine (drugs) and on Drug Control of Ukraine;
47. State Service of Ukraine on Transport Security;
48. State Service of Ukraine on Food Safety and Consumer Protection;
49. State Service of Ukraine on Geodesy, Cartography and Cadastre;
50. State Service of Ukraine on Labour;
51. State Emergency Service of Ukraine;
52. State Service for Financial Monitoring of Ukraine;
53. State Fiscal Service of Ukraine;
54. State Service of Ukraine on Autonomous Republic of Crimea, Sevastopil city and Temporarily Displaced Persons;
55. State Service for Veterans and Members of the Antiterrorist Campaign of Ukraine;
56. State Agency of Roads of Ukraine;
57. State Water Resources Agency of Ukraine;
58. State Agency on Energy Efficiency and Energy Saving of Ukraine;
59. State Agency of Electronic Government of Ukraine;
60. State Agency of Forest Resources of Ukraine;
61. State Agency of Ukraine on Donbas Reconstruction;
62. State Agency of Reserves of Ukraine;
63. State Agency of Fisheries of Ukraine;
64. The State Agency of Ukraine for an Exclusion Zone (Chernobyl zone);
65. State Agency of Ukraine for Cinema;
66. State Space Agency of Ukraine;
67. State Architectural and Construction Inspection of Ukraine;
68. State Environmental Inspection of Ukraine;
69. State Inspection of Education in Ukraine;
70. State Inspection of Energy Supervision of Ukraine;
71. State Inspection of Nuclear Regulation of Ukraine;
72. State Financial Inspection of Ukraine;
73. Administration of the State Border Guard Service of Ukraine;
74. State Committee for Television and Radio Broadcasting of Ukraine;
75. State Property Fund of Ukraine;
76. Administration of the State Service for Special Communication and Information Protection of Ukraine;
77. National Agency of Ukraine on Civil Service;
78. Ukrainian Institute of National Memory;
79. National Council on Television and Radio of Ukraine;
80. National Commission for the State Regulation of Communications and Informatization of Ukraine;
81. National Commission for the State Regulation of Energy and Communal Utilities of Ukraine;
82. National Commission on Securities and Stock Market of Ukraine;
83. National Commission for the State Regulation of Financial Services Markets of Ukraine;
84. Social Insurance Fund for Temporary Disability;
85. Social Insurance Fund for Industrial Accidents;
86. Security Service of Ukraine;
87. Central Election Commission;
88. National Academy of Sciences of Ukraine;
89. National Academy of Medical Sciences of Ukraine;
90. National Academy of Agricultural Sciences of Ukraine.

Annex 10-2: Other Entities

Thresholds:

400 000 SDR - Goods

400 000 SDR - Services

5 000 000 SDR - Construction Services

1. Ukrainian State Enterprise of Post “UKRPOSHTA”;
2. State Administration of Railway Transport;
3. Utility Enterprise “Kyivskyi Metropoliten”;
4. State Enterprise “Dnipropetrovskyi Metropoliten”;
5. Utility Enterprise “Harkivskyi Metropoliten”;
6. State enterprise “International airport Boryspil”;
7. Communal enterprise “Airport Vinnitsya”;
8. International airport “Dnipropetrovsk”;
9. Communal enterprise “International airport Zaporizhzhia”;
10. Communal enterprise “International airport Kyiv”;
11. Communal enterprise “International airport Kriviy Rig”;
12. State enterprise “International airport Lviv”;
13. Communal enterprise “International airport Mykolayiv”;
14. Communal enterprise “International airport Odesa”;
15. Communal enterprise “Airport Poltava”;
16. Communal enterprise “International airport Rivne”;
17. Communal enterprise “Airport Sumy”;
18. Communal enterprise “Airport Ternopyl”;
19. Communal enterprise “International airport Uzhgorod”;
20. Communal enterprise “International airport Chernivtsi”;
21. Communal enterprise “Airport Kherson”;
22. Communal enterprise “Airport Cherkasy”.

Annex 10-3: Goods

The Chapter covers all goods procured by the entities included in Annexes 10-1 and 10-2.

Annex 10-4: Services

The Chapter covers all services procured by the entities included in Annexes 10-1 and 10-2 except for:

• (a) services of international mediation courts, international commercial arbitrages provided for consideration and resolution of disputes involving the procuring entity;
• (b) services of financial institutions, including international financial institutions, related to the raising of credit resources and funds for the chartered capital by a procuring entity;
• (c) research and development services identified in division 85 of the United Nations Provisional Central Product Classification (CPC Prov.), which may be found at: UN Classifications Registry;
• (d) financial and related services identified in Division 81 of the United Nations Provisional Central Product Classification (CPC Prov.) procured or provided by the National Bank of Ukraine.

Annex 10-5: Construction Services

The Chapter covers all construction services identified in Division 51 of the United Nations Provisional Central Product Classification (CPC Prov.) procured by the entities included in Annexes 10-1 and 10-2.

Annex 10-6: General Notes

1. This Chapter with respect to services and construction services is subject to the limitations and conditions specified in Ukraine’s schedule of the General Agreement on Trade in Services (GATS).

2. This Chapter shall not apply to the following procurement:

• (a) construction services procured by diplomatic representations abroad;
• (b) goods and services for the design, development and production of protected paper, banknotes, coins of Ukraine, their storage and the record-keeping thereof as well as personal identification documents, documents regarding special legal status, citizenship documents, including passports, and other documents requiring special security features or brands of paid excise tax pursuant to the laws of Ukraine and goods or services required for their manufacture.

Annex 10-7: Threshold Adjustment Formula

1. The thresholds expressed in Ukraine’s national currency shall be adjusted at two-year intervals with each adjustment taking effect on January 1, beginning on January 1, 2018.

2. Ukraine shall calculate and convert the value of the thresholds into its own national currency using the conversion rate of its National Bank. The conversion rate will be the average of the daily values of the national currency in terms of the SDR over the two-year period preceding 1 October or 1 November of the year prior to the thresholds becoming effective.

3.Ukraine shall notify Canada in writing of Ukraine’s adjusted thresholds converted into its national currency by January 15 of the year in which the adjusted thresholds take effect.

4. If, during any year, a major change in the applicable currency of either Party creates a significant problem with regard to the application of this Chapter, the Parties shall consult to determine whether an interim adjustment is appropriate.

5. The Parties shall agree on a suitable alternative threshold adjustment formula if:

• (a) Canada withdraws from the Annex to the WTO Protocol Amending the GPA (Revised GPA) pursuant to Article XXII of that Agreement; or
• (b) the Revised GPA ceases to exist; or
• (c) the threshold adjustment formula referenced in paragraph 2 is altered.

Annex 10-8: Extended Transparency Commitments

1. The provisions of Article 10.4, Article 10.6; Articles 10.7.1 to 10.7.3; Article 10.8.3(b); Articles 10.9.14 and 10.9.15; Articles 10.10.7 and 10.10.11; Article 10.11.1; Articles 10.15.4 and 10.15.5; and Article 10.17, or the corresponding provisions incorporated pursuant to Article 10.3, apply if:

• (a) the procuring entity uses an open tendering process; and
• (b) the procurement is for goods, services or construction services in excess of CDN$124,000 in the national currency for Ukraine for entities listed in Annex 10-1 and is below the applicable thresholds in Annex 10-1 or otherwise excluded in Annexes 10-3,10-4 or 10-5.

Annex 10-9: Means of Publication

Legislation and Jurisprudence: official website of the Parliament of Ukraine and the Ministry of Economic development and trade of Ukraine (in Ukrainian and partially in English).

Notices of procurement: website on government procurement (in Ukrainian and partially in English):

Ukrainian Public Procurements

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